Legal Opinion

Winship v. Phillips

Supreme Court of Georgia

Decided January 15, 1875PublishedCited by 3 opinions

Injunction. Claim. Judgments.. Before Judge Hopkins. Fulton county. At Chambers. March 30th, 1875. Winship filed his bill against Phillips for the purpose of enjoining the sale of certain lands which he had purchased from one John H. Lovejoy, under executions against the latter of older date than the sale to complainant. He alleged facts tending to show that said/, fas. were satisfied.

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Injunction. Claim. Judgments.. Before Judge Hopkins. Fulton county. At Chambers. March 30th, 1875. Winship filed his bill against Phillips for the purpose of enjoining the sale of certain lands which he had purchased from one John H. Lovejoy, under executions against the latter of older date than the sale to complainant. He alleged facts tending to show that said/, fas. were satisfied. Admitted that upon the trial of a claim filed to the property by him, the lands had been found subject, but claimed that his bill alleged new facts which were then unknown to him. The answer of the defendant…

1Opinion of the Court

McCay, Judge.

We are clear that on the trial of a claim case, under our statute, it was, even before the enlargement of the equity powers of the superior court, competent for the claimant to set up any reason, whether at law or equity, why the prop*238erty was not subject to the levy. The form of the issue is, as tendered and joined under the practice — “ is the property subject, or not?” This opens the door widely to anything that the issue covers. It is evident, too, that the very issue made by this bill was made on the claim cáse. The record shows this to be'true. Now whatever may be the true…

2Cited by3 opinions

  1. Lamar v. Coleman, Ray & Co.Supreme Court of Georgia · 1892
  2. Lightner v. BelkSupreme Court of Georgia · 1934
  3. Cosnahan v. JohnstonSupreme Court of Georgia · 1899

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